West Palm Beach Car Accident Sample STIPULATION FOR A VIDEO DEPOSITION

It is hereby stipulated by and between (insert names of parties) that the deposition of (insert name of deponent) (hereafter "Deponent") in the above action shall be recorded on videotape in the following manner and on the following conditions:

TIME AND PLACE

1. The deposition shall be taken at (insert location) commencing at (insert time). It shall continue thereafter from day to day, excluding weekends and holidays, until concluded.

DEPOSITION OFFICER

2. The deposition shall be taken before (insert name of deposition officer), who is an employee of (insert name of officer's employer) and shall serve as deposition officer.

VIDEO EQUIPMENT AND ITS CONTROL

3. Except as otherwise provided, the deposition officer shall select and supply all equipment required to videotape the deposition and shall determine all matters of staging and technique. This includes the number and placement of cameras and microphones, lighting, camera angle and background. The deposition officer shall determine these matters in a manner that accurately reproduces the appearance of the Deponent and assures clear reproduction of both the Deponent's testimony and the statements of counsel. The Deponent or any party to the action, may place on the record any objection to the deposition officer's handling of any of these matters. The court shall consider these objections in ruling on the admissibility of the video record. Objections shall be deemed waived unless made promptly after the objector knows, or has reasonable grounds to know, of the basis of such objection.

USE OF DAY/TIME GENERATOR

4. A day/time generator shall be used at the deposition to create on the videotape a continuous record of the day and time.

COMMENCING THE DEPOSITION

5. The West Palm Beach Car Accident deposition officer shall commence the West Palm Beach Car Accident deposition by stating on the video record his/her name and business address; the name and business address of the officer's employer; the date, time and place; the name of deponent and the caption of the action; the identity of the party on whose behalf the West Palm Beach Car Accident deposition is being taken; and the names of all persons present in the West Palm Beach Car Accident deposition room. The West Palm Beach Car Accident deposition officer shall also swear, on the video record, that he/she will record the West Palm Beach Car Accident deposition accurately and in confidence and abide by all provisions of this stipulation. The West Palm Beach Car Accident deposition officer shall then administer the oath to the Deponent on the video record. The oath shall be effective without regard to whether the officer is otherwise authorized to administer oaths.

GOING "OFF CAMERA"

6. The West Palm Beach Car Accident deposition officer shall not stop the video recorder during the West Palm Beach Car Accident deposition, unless any party requests such a cessation and no other party objects. Each time the tape is stopped or started, the West Palm Beach Car Accident deposition officer shall announce the time on the record.

CHANGING TAPES

7. When changing tapes, the West Palm Beach Car Accident deposition officer shall announce on the video record the end of each tape and the beginning of the next.
AVAILABILITY OF MONITOR

8. Counsel shall have available throughout the West Palm Beach Car Accident deposition a monitor on which they can view the video record as it is being made.

CAMERA ON SPEAKER

9. The West Palm Beach Car Accident deposition officer shall endeavor, to the extent possible without creating undue distraction, to focus the camera (or the live camera if there is more than one) on the person who is currently speaking, whether it be the deponent or counsel.

EXHIBITIONS AND DEMONSTRATIONS

10. Except by agreement of the parties or order of the court, the Deponent shall not be required or permitted to exhibit personal injuries or limitation of movement, conduct demonstrations or experiments, or reenact physical events.

ALLOCATION OF COSTS

11. The costs of videotaping the West Palm Beach Car Accident depositions shall be borne by (insert name of party or other person paying for videotaping). Such costs shall [not] be taxable costs in this proceeding. Any party may obtain at its own expense, a copy of the videotape or any portion thereof from the West Palm Beach Car Accident deposition officer.

STENOGRAPHIC REPORTING

12. [Any party may, at its own expense, have the West Palm Beach Car Accident deposition reported by stenographic means] or [The West Palm Beach Car Accident deposition shall be reported by stenographic means in addition to the video. The allocation and taxability of the costs of such stenographic reporting shall be governed by the provisions of paragraph 11.]

DISCREPANCIES BETWEEN VIDEO AND STENOGRAPHIC RECORDS

13. In the event of any material discrepancy between the video record and the stenographic transcript, the parties shall stipulate or, if they are unable to agree, the court shall determine which record shall be submitted to the trier of fact.

EXAMINATION AND CORRECTION OF WEST PALM BEACH CAR ACCIDENT DEPOSITION RECORD

14. After completion of the West Palm Beach Car Accident deposition, the Deponent and all parties shall be given reasonable opportunity to review the videotape [and any stenographic transcript] of the West Palm Beach Car Accident deposition and to request in writing (or on the video record if it is still open) any changes or corrections in such record[s].

WAIVER OF EXECUTION

15. Thirty days after notice to the Deponent and all parties that the videotape is available for inspection as provided in paragraph 14, the original of the videotape (together with all requests for changes or corrections) may be filed with the court. It shall have the same force and effect as a duly executed stenographic transcript of the deponent's testimony.

CERTIFICATION OF VIDEO RECORD

16. [As soon as possible after expiration of the period prescribed in paragraph 15] or [No later than 10 days before trial] the West Palm Beach Car Accident deposition officer shall file the original videotape with the above court in a sealed envelope which shall identify the action, the deponent and the date[s] of the West Palm Beach Car Accident deposition. To that envelope the West Palm Beach Car Accident deposition officer shall attach his/her sworn statement that the videotape is an accurate and complete record of the West Palm Beach Car Accident deposition and that he/she has complied with all provisions of this stipulation applicable to said officer.

CUSTODY OF THE TAPE

17. The West Palm Beach Car Accident deposition officer shall maintain custody of the original tape until it is filed with the court. Parties may view the tape while it is in the officer's custody, but only under conditions that make impossible the erasure or alteration of the tape.

EDITING THE TAPE

A party who desires to offer any portion of the video record at trial for any purpose shall, no later than 60 days before trial, advise all other parties of the portions of the tape it wishes to offer. Any party who believes that the portions so designated contain objectionable material may, by motion, seek that court's ruling on its objections in advance of trial. An edited tape, eliminating material found by the court to be objectionable, shall be prepared (at the expense of the party responsible for the original inclusion of that material) unless the parties provide, or the court orders, another method for the suppression of the objectionable material.

EFFECT OF STIPULATION

19. This stipulation shall supplement and, to the extent permitted, supersede the provisions of any statute, rule or regulation otherwise applicable to the taking of video West Palm Beach Car Accident depositions in this jurisdiction.